https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10754
The application was unopposed, and on the basis of the certificate of taxation and section 51(2) of the Advocates Act, the court entered judgment for the certified costs, awarded interest at 14% per annum from the date of filing until payment in full, issued a decree, and granted costs of the application to the...
Source-derived case information.
- Citation
- [2026] KEHC 10754 (KLR)
- Parties
- Applicant: Ocharo Kebira & Company Advocates; Respondent: African Merchant Assurance Company Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E089 of 2025
- Procedural Posture
- Civil Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- Allowed in its entirety
- Judges
- ["E Ominde"]
- Legal Topics
- Judgment on Certificate of Taxation, Costs Recovery, Interest on Taxed Costs, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ocharo Kebira & Company Advocates
Applicant
African Merchant Assurance Company Ltd
Respondent
Procedural Posture
Civil Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for taxed costs under section 51(2) of the Advocates Act
- 2 Whether interest at 14% per annum was payable on the taxed sum
- 3 Whether the applicant was entitled to a decree and costs of the application
Ratio Decidendi
The application was unopposed, and on the basis of the certificate of taxation and section 51(2) of the Advocates Act, the court entered judgment for the certified costs, awarded interest at 14% per annum from the date of filing until payment in full, issued a decree, and granted costs of the application to the applicant.
Court Disposition
Allowed in its entirety
Orders
- Judgment entered for the applicant against the respondent for Kshs. 80,815.
- Interest to accrue on Kshs. 80,815 at 14% per annum from the date of filing until payment in full.
Full Case Text
Judgment text and source record
1 paragraphs
Ocharo Kebira & Company Advocates v African Merchant Assurance Company Ltd (Civil Miscellaneous E089 of 2025) [2026] KEHC 10754 (KLR) (8 July 2026) (Ruling) Neutral citation: [2026] KEHC 10754 (KLR) Republic of Kenya In the High Court at Bungoma Civil Miscellaneous E089 of 2025 E Ominde, J July 8, 2026 Between Ocharo Kebira & Company Advocates Applicant and African Merchant Assurance Company Ltd Respondent Ruling 1.Before this court is an application by the applicant dated 28th January 2026 brought Under Section 51(2) of the Advocates Act Chapter 16 of the Laws of Kenya seeking the following orders:a.That the Judgment be entered in favor of the Applicant against the Respondent for the sum of Kshs. 80,815/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 80,815/= at the rate of 14% per annum, with effect from date of filing until payment shall be made in full, as prescribed in paragraph 7 of the Advocates Remuneration order.c.That a decree be issued in respect of the Certificate of Taxation dated 15th December 2025 and that the Applicant be at liberty to execute for recovery of the same in such manner as a Decree of this Honourable Court.d.That costs of this application totaling to Kshs. 50,000/= be awarded to the Advocates/Applicant and be borne by the Respondent. 2.The application is supported by the grounds on the face of it and the Affidavit of Eric Ntabo sworn on 28th January, 2026. 3.Counsel for the Applicant Mr. Ntabo stated that the application was served upon the Respondents and no response to the same has been filed. He therefore prays that the same be allowed as prayed. Counsel for the Respondent Ms. Ayeira in her oral representations did not oppose the application. 4.I have considered the application dated 28th January, 2026 and the same having not been opposed, I now hereby allow the same in its entirety as follows;a.That Judgment is now hereby entered in favor of the Applicant against the Respondent for the sum of Kshs. 80,815/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 80,815/= at the rate of 14% per annum, with effect from date of filing until payment shall be made in full, as prescribed in paragraph 7 of the Advocates Remuneration order.c.That a decree be issued in respect of the Certificate of Taxation dated 15th December 2025 and that the Applicant is at liberty to execute for recovery of the same in such manner as a Decree of this Honourable Court.d.That costs of this application totaling to Kshs. 50,000/= is awarded to the Advocates/Applicant and be borne by the Respondent. READ DATED AND SIGNED AT BUNGOMA ON 8TH DAY OF JULY, 2026E. OMINDEJUDGE